Manning, AFWCF, v. ADFG, Ahtna, 3KN-09-178CI
Decision on Summary Judgment, Kenai Superior Ct Judge Carl Bauman
-The motion by AFWCF to invalidate the Ahtna CHP [Community Harvest Permit] is granted;
-The public trust doctrine improper delegation challenge by Manning to the Board’s authorization of the Ahtna CHP is granted;
-The open meetings act challenge by Manning is denied;
-The argument by Manning that his Tier II priority status is a right entitled to heightened constitutional scrutiny is denied;
-The challenge by Manning to the adequacy of the public notice of the 2009 Board meetings is granted with regard to the Board change from a Tier II to a Tier I hunt and with regard to the finding that subsistence users of Unit 13 caribou only need one caribou every four years;
-The challenge by Manning to the Board’s experiment to change the Unit 13 caribou hunt from Tier II to Tier I is granted;
-The Manning/AWFCF challenge to the allocation of 300 caribou to the Ahtna CHP and 300 caribou to the Tier I permit drawing hunt is moot;
-The challenge by Manning to the Board’s special conditions for the 2009/10 Unit 13 caribou hunt is denied.
Based on the foregoing rulings, the Board is enjoined from proceeding with a
Tier I hunt for caribou in Unit 13 this year, is enjoined from delegating CHP hunt administration authority to private entities or individuals, and is enjoined from authorizing an Ahtna CHP that is fundamentally residency-based.”
Dated: July 9, 2010 Superior Court Judge Carl Bauman
This means the recently issued ADFG Tier-I lottery permits are null and void, that the ADFG must use the Tier-II hunt for Unit 13 caribou, and the Community Harvest Permits (CHP) for Ahtna Native communities are unconstitutional and struck down!